C.Narendra Nath., Hyderabad. V. Asst. Commissioner of Income Tax, Circle-5(1)., Hyderabad

ITA 1179/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6568 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-07-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 10-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Keywords: Opportunity of being heard; Principle of natural justice

Judgement Text

IN THE IN COME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B , HYDERABAD BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI DUVURU R.L. REDDY , JUDICIAL MEMBER ITA NO. 1 1 7 9 /HYD/201 7 ASSESSMENT YEAR: 20 11 - 12 C. NARENDRA NATH PAN ABJPC 6657R VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 5(1), HYDERABAD. ( APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI RAMESH BABU REVENUE BY : SMT. N. SWAPNA DATE OF HEARING 1 0 / 0 7 /2018 DATE OF PRONOUNCEMENT 13 / 0 7 / 201 8 O R D E R PER S . RIFAUR RAHMAN , A .M. : T H IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 0 3 / 0 4 / 201 7 OF CIT(A) 4 , HYDERABAD FOR AY 20 11 - 12 . 2. BRIEFLY THE FACTS OF THE CASE ARE, ASSESSEE FILED RETURN OF INCOME DECLARING TOTAL INCOME OF RS. 55,61,851/ - INCLUDING INCOME FROM HOUSE PROPERTY, OTHER SOURCES AND CAPITAL GAINS. THE AO COMPLETED THE ASSESSMENT DETERMINING THE ASSESSED INCOME AT RS. 76,12,850/ - BY MAKING ADDITIONS OF RS. 20,51,000/ - TOWARDS THE EXPENDITURE CLAIMED ON ACCOUNT OF INFRASTRUCTURE, CORPUS FUND AND WOOD QUALITY DIFFERENCE TOTALLING TO RS. 18,27,000/ - AND RS. 2,24,000/ - TOWARDS 50% OF THE COMMISSION CLAIMED. 3. AGGRIEVED, THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A). 2 ITA NO. 1179 /HYD/1 7 C. NARENDRA NATH, HYD. 4. SINCE THE ASSESSEE FAILED TO COMPLY WITH THE NOTICES ISSUED BY THE CIT(A) AND ALSO FAILED TO FILE ANY SUBMISSIONS TO SUBSTANTIATE THE GROUNDS RAISED BEFORE HIM, THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE FO LLOWING THE DECISION OF THE ITAT IN THE CASE OF METKORE ALLOYS & INDUSTRIES LTD., IN ITA NO. 578/HYD/2016 DATED 30/11/2016. 5. AGGRIEVED BY THE ORDER OF THE CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US. 6. IN THE GROUNDS OF APPEAL, THE ASSESSEE CONTENDED THAT THE CIT(A) WAS WRONG IN DISMISSING THE APPEAL OF THE ASSESSEE FOR NON - APPEARANCE AND WITHOUT APPRECIATING THE MERITS OF THE GROUNDS. 7. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON REC ORD. AFTER CONSIDERING THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE VIEW THAT IN THE PRINCIPLES OF NATURAL JUSTICE, WE SET ASIDE THE ORDER OF CIT(A) AND REMIT THE MATTER BACK TO HIM WITH A DIRECTION TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE TO REPRESENT HIS CASE AND THEREAFTER DECIDE THE APPEAL ON MERITS AND IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE IN THE MATTER. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 13 TH JULY, 2018 . SD/ - SD/ - ( DUVURI R.L. REDDY ) (S . RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 13 TH JU LY , 2018 KV 3 ITA NO. 1179 /HYD/1 7 C. NARENDRA NATH, HYD. C OPY TO: - 1) NARENDRA NATH CHAGANLA, 8 - 2 - 310/A/31/A, F. NO. 101, HILLTOP RESIDENCY APARTMENT, ROAD NO. 14, NANDI NAGAR, BANJARA HILLS, HYDERABAD 500 034. 2) AC I T, CIRCLE 5(1), ROOM NO. 344, 3 RD FLOOR, D BLOCK, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD. 3) CIT(A) 4 , HYDERABAD. 4) PR. CIT - 4 , HYD. 5 ) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6 ) GUARD FILE S.NO DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER